At the initial hearing the judge must: The extradition hearing should normally begin within 21 days of arrest.
The judge must be satisfied that the conduct described in the warrant amounts to an extradition offence (including, in almost all cases, the requirement that the conduct would amount to a criminal offence were it to have occurred in the UK, and minimum levels of severity of punishment), and that none of the statutory bars to extradition apply.
These bars are: The judge must also decide if extradition would be disproportionate or would be incompatible with the requested person’s human rights.
If the High Court allows an appeal brought by the requesting state, it will quash the order discharging the person and will send the case back to the magistrates’ or sheriff’s court for a new decision to be taken.
In England, Wales and Northern Ireland, a party who is unhappy with the decision of the High Court on appeal can ask for permission for a further, final appeal to the Supreme Court.
Permission can either be given by the High Court or by the Supreme Court itself.
Extradition is the formal process where one country asks another to return a person in order to stand trial or to serve a sentence.
Under multilateral conventions and bilateral extradition treaties the UK has extradition relations with over 100 territories around the world.
Part 1 of the Extradition Act 2003 (the ‘2003 act’) implements the European Arrest Warrant ( can only issue a certificate if the requirements of section 2 of the 2003 Act are met (including a proportionality test).Once issued the requested person can then be arrested and, once arrested, must be brought before a district judge at the magistrates’ court (or in Scotland, a sheriff at the sheriff’s court) as soon as practicable.If either the requested person or the requested state to the extradition proceedings is unhappy with the judge’s decision at the extradition hearing, they may ask the High Court for leave (permission) to appeal.An application for permission to appeal must be made within 7 days of the relevant decision being made (ie an order for extradition or an order discharging the extradition case against the requested person).If the High Court grants permission, it will go on to consider the appeal.If the High Court allows an appeal brought by the requested person, it will quash the order for extradition and order the person’s discharge.